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TERMS OF SERVICE

I acknowledge that an agreement exists between Destined Design and myself for the order(s) described above. Any alterations or deviations from above specifications involving extra costs will be executed only upon written orders and will be an extra charge to the estimate above. I agree to pay the remaining balance due on the above order at the time the sample proof website is accepted. I agree to pay all costs and reasonable attorney’s fees if a suit is brought to enforce this agreement. I certify that I am an authorized agent with authority to contract on behalf of the above named individual(s) / firm(s).

I understand that the website, source codes, and design will belong to me only after full payment/finance of my website and I am responsible for my own marketing expenses. If the website was discounted or received under a special promotion, the terms of service must be completed before you own the source code. I understand that Destined Design is only responsible for the upkeep of my web marketing/hosting services upon continuous receipt of payment of service I selected. I agree that services are non-tangible products and will be non-refundable; as well Destined Design will fix/ update any change needed to my services if an error occurs during services and that no credit/discount will be applied toward my balance during my entire service agreement.

I understand if Destined Design is not able to collect hosting fees from my account, Destined Design reserves the right to disable my web services until my account is in good standing.

In the event that we are unable to collect payment for 72 hours past the due date, service will be discontinued until payment and all fees are settled. Destined Design reserves the right to interrupt service if Customer does not pay their dues 72 hours from the deadline. Customer agrees to a fee of $20 every time Destined Design has to interrupt service/hosting.

Destined Design may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Destined Design will have no liability to Customer or any third party because of such termination.

Upon termination or expiration of this Agreement by either party for any reason, (a) Destined Design will cease providing the Services, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to Destined Design for your usage of the Services through the effective date of such termination or expiration will immediately become due and payable in full; (d) Destined Design may delete any Customer archived data, including but not limited to emails and mobile data, within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.

Customer represents and warrants that Customer will use the Services only in compliance with these Terms, Destined Design’s published privacy policies or otherwise furnished to Customer (the “Privacy Policy”) and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer hereby agrees to insure and hold harmless Destined Design and its employees of each against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although Destined Design has no obligation to monitor the content provided by Customer or Customer’s use of the Services, Destined Design may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

For every email message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer will not engage in the act of sending unsolicited emails.

Financing. All prices listed on our website are financing prices I understand that the source codes, design, media, and all other components of the website belong to Destined Design and will only transfer ownership after the contracted price has been paid in full. I understand that hosting with Destined Design is REQUIRED until the contracted price is paid in full.

Prohibited Offerings. Customer may not utilize the Services to provide, sell or offer to sell the following: replicas; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

Other prohibited practices include:

Other Activities. The failure of Customer to cooperate with Destined Design preventing violations of these constitutes a violation of these Terms by Customer. Destined Design reserves the right to suspend or terminate Customer’s access to its account and the Services, with or without notice, and to take any other action that Destined Design determines in its sole discretion is necessary as a result of any behavior by Customer that is illegal, inappropriate, disruptive to this website, the Services, or to any other user of this website or the Services, or which otherwise breaches these Terms. Destined Design may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.

Reporting Claims of Copyright Infringement. Destined Design will respond to notices of copyright infringement that comply with applicable law.

Limitation of liability. Destined design and its employees assume no responsibility with respect to customer’s use of the services and will not be liable for consequential, indirect, incidental, punitive, extraordinary, exemplary or special damages, including but not limited to loss of use, business interruptions, loss of data, loss of profits, and lost revenue, whether such damages are alleged in tort, contract or any other legal or equitable theory, and whether or not destined design is aware of the possibility of such damages. In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this website or the services found at this website must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action will be permanently barr

Indemnification of Destined Design. Customer agrees to defend, guarantee and hold Destined Design and its employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to Customer’s breach of any of these Terms or use by Customer or any third party (authorized, permitted or enabled by Customer) of the Services, except to the extent the foregoing directly result from Destined Design’s own gross negligence or willful misconduct. Destined Design reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer. This foregoing indemnification will survive any termination or expiration of this agreement or customer’s use of this website or the services found at this website.

Waiver. The failure of Destined Design to exercise or enforce any right or provision of these Terms or this Agreement will not constitute a waiver of such right or provision.

Payments. Hosting will be required with all payments packages. There will be a $399 cancelation fee if the agreement is terminated before full term. If paid with credit card you will be charged $399.99 (upfront) at sign up. Failure to pay cancellation fee will result in collections.

E- Commerce. Does not include product entry. Additional charges may apply for product entry, and Online payment integration.

Force Majeure. Destined Design will have no liability to Customer or any third party for any failure by Destined Design to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of Destined Design, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.

Third Party Services, Websites, Links and Information. Destined Design or its personnel may from time to time recommend or enable third party software, products, services or website links for Customer’s consideration or use. Such software, products, services, and links are provided only as a convenience to customers of the Services. Some of the Services made available through this website may be subject to additional third party licensing terms or third party terms of use, including the ones posted here and incorporated herein by reference. Inclusion of any of the foregoing in the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Destined Design with respect to any third party, any third party’s website or its content, or any information, products, or services provided by a third party.
These Terms and the Privacy Policy do not apply to such third party websites, and Customer should review such third party websites’ privacy policies, terms and conditions and business practices as they may be different than Destined Design’s Terms and it is Customer’s sole responsibility to comply with such third party terms. Access to any other website is at Customer’s own risk, and Customer’s dealings and communications with any third party in connection with such third party’s website are solely between Customer and such third party.